Note: This material is subject to legal complaint by Marineland of Canada Inc.

The Ontario Society for the Prevention of Cruelty to Animals ordered
Marineland
to clean up its water and deal with health issues among specific animals, an OSPCA source told the Star.

Until now the orders have been kept secret.

There are a total of seven OSPCA orders — five to be completed by the end of this month and two that have already been complied with, according to the source, who felt the public has a right to know but asked to remain anonymous for fear of being fired.

The orders include:

building shelters for the deer, covered by two orders.

building a structure to protect bear cubs from being killed by males in inadequate dens.

bringing in a marine mammal ophthalmologist to deal with eye issues among pinnipeds (seals, walruses and sea lions).

arranging for increased veterinary care for a particular pinniped.

Also, Marineland was ordered to hire an outside expert for a full assessment of its water and filtration system, and implement an environmental enrichment program for the lone killer whale, Kiska. Both these items have been completed, the source said.

Marineland did not respond Friday to questions about the orders.

If Marineland fails to comply, the OSPCA can lay charges.

The orders were issued months ago after a Star exposé on conditions for animals at the park, but kept secret — standard practice according to spokesperson Alison Cross.

“This is an ongoing investigation,” she said. “To protect the integrity of the investigation we cannot speak to details at this time.”

Such secrecy by the OSPCA, a private charity with $500,000 in annual provincial funding, has been widely criticized.

The orders are part of the organization’s overall investigation into the Niagara Falls tourist attraction after the Star series. Former Marineland trainers and supervisors blamed ill health, even death, on
sporadically poor water quality
and a lack of sufficient staffers. To date 15 whistleblowers have stepped forward.

The orders cover specific health and habitat problems cited by the Star.

Meanwhile, Ontario Public Safety Minister Madeleine Meilleur is working to give the OSPCA more powers. She told the Star this week her ministry, which oversees the OSPCA, is closing loopholes, including the most controversial one.

Last fall, the OSPCA announced it couldn’t, under the OSPCA Act, examine animals that were under veterinary care at Marineland.

Meilleur said her staffers are rewriting the act to remove that restriction, as well as other changes which would license aquariums and zoos and beef up standards of care.

The OSPCA source said the overall problem is that the society is “kind of out of its element” with Marineland. “We’re used to dealing with dogs and cats and a wide variety of farm issues.”

Meilleur’s comments come as a new premier is set to be chosen in a leadership convention next weekend and the expected announcement of a new cabinet soon after.

Meilleur said a new leader shouldn’t make a difference.

“My successor will follow up on what I started because it’s a priority for our government,” she said. Her ministry is expected to announce changes to the act in the spring.

Meilleur said her staffers have been working on the changes since August, adding that most are regulatory but licensing zoos and aquariums may require a new law.

A Meilleur spokesperson said the minister isn’t aware of the orders because she’s “arm’s length from the OSPCA and has nothing to do with operational decisions.”

After the Jan. 31 deadline, the OSPCA plans to send in an inspection team to ensure the orders have been followed. The source said even though it’s believed Marineland has taken care of its water problems: “I have no doubt that the investigators will double check on the first two orders (water assessment and improvements for Kiska) just to make sure.”

Kiska lived alone in a concrete pool without enrichment, such as toys and games for mental stimulation, and a lot of interaction with trainers. Whistleblowers told the Star that Marineland owner John Holer doesn’t believe in enrichment for marine mammals; the park refused to comment Friday.

One of the OSPCA orders detailed measures for eye issues. The Star stories included accounts of seals including Larry with red, swollen eyes and sea lion Baker, whose irritated lens popped out.

“The (animal) wasn’t in immediate danger; if it was, we would have seized it, although I don’t know if we have a place to put it,” said the source.

The Star also described
problems with land animals
, including deer living in pens without access to foliage or minimal shade. Former land animal supervisor Jim Hammond said at least four cubs have died in recent years because there are no enclosures for birthing mothers and no way to keep the young protected.

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